Georgia Advance Health Care Directive means a written document voluntarily executed by a declarant in accordance with the requirements of Georgia Code Section 31-32-5
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Georgia Advance Directive for Health Care Act allows any adult may execute a document, revocable living will and power of attorney for health care, directing that life-sustaining procedures be withheld or withdrawn |
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It is not mandatory that you have an Advance health care directive, however it is highly recommended. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health-care facility.
In July 2007 the Georgia General Assembly enacted a new Health Care Directive law, known as “Georgia Advance Directive for Health Care Act”, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care. The new Advance Directive combines a Health Care Power of attorney and a Living Will into one document. The new Georgia Advance Directive for Health Care consists of four parts: PART ONE: Appointment of Health Care Agent This part allows you to choose someone to make health care decisions for you when you cannot (or do not want to) make health care decisions for yourself. The person you choose is called a health care agent. You may also have your health care agent make decisions for you after your death with respect to an autopsy, organ donation, body donation, and final disposition of your body. You should talk to your health care agent about this important role.PART TWO: Treatment Preferences. (Replaces Living Will) This part allows you to state your treatment preferences if you have a terminal condition or if you are in a state of permanent unconsciousness. PART TWO will become effective only if you are unable to communicate your treatment preferences. Reasonable and appropriate efforts will be made to communicate with you about your treatment preferences before PART TWO becomes effective. You should talk to your family and others close to you about your treatment preferences.PART THREE: Guardianship This part allows you to nominate a person to be your guardian should one ever be needed.PART FOUR: Date when your Directive comes into effect and signatures This part requires your signature and the signatures of two witnesses. You must complete PART FOUR if you have filled out any other part of this form.You may fill out any or all of the first three parts listed above. You must fill out PART FOUR of this form in order for this form to be effective. You should give a copy of this completed form to people who might need it, such as your health care agent, your family, and your physician. Keep a copy of this completed form at home in a place where it can easily be found if it is needed. Review this completed form periodically to make sure it still reflects your preferences. If your preferences change, complete a new advance directive for health care. The provisions of the new law do not apply to, affect, or invalidate a living will or durable power of attorney for health care executed prior to July 1, 2007. Below please find important definitions that are used in the “Georgia Advance Directive for Health Care Act.” "Advance directive for health care" means a written document voluntarily executed by a declarant in accordance with the requirements of Georgia Code Section 31-32-5. "Attending physician" means the physician who has primary responsibility at the time of reference for the treatment and care of the declarant. "Declarant" means a person who has executed an advance directive for health care authorized by this chapter. "Durable power of attorney for health care" means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of Title 31; as such chapter existed on and before June 30, 2007. "Health care" means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant’s physical or mental health or personal care. "Health care agent" means a person appointed by a declarant to act for and on behalf of the declarant to make decisions related to consent, refusal, or withdrawal of any type of health care and decisions related to autopsy, anatomical gifts, and final disposition of a declarant’s body when a declarant is unable or chooses not to make health care decisions for himself or herself. The term 'health care agent' shall include any back-up or successor agent appointed by the declarant. "Health care facility" means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of this title or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof. "Health care provider" means the attending physician and any other person administering health care to the declarant at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. "Life-sustaining procedures" means medications, machines, or other medical procedures or interventions which, when applied to a declarant in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep the declarant alive but cannot cure the declarant and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a declarant may direct the withholding or withdrawal of the provision of nourishment or hydration in an advance directive for health care. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. "Living Will" means a written document voluntarily executed by an individual directing the withholding or withdrawal of life-sustaining procedures when an individual is in a terminal condition, coma, or persistent vegetative state in accordance with this chapter, as such chapter existed on and before June 30, 2007. "Physician" means a person lawfully licensed in this state to practice medicine and surgery. "State of permanent unconsciousness"" means an incurable or irreversible condition in which the declarant is not aware of himself or herself or his or her environment and in which the declarant is showing no behavioral response to his or her environment. "Terminal condition" means an incurable or irreversible condition which would result in the declarant’s death in a relatively short period of time. "Revocation of a Health Care Directive": An advance directive for health care may be revoked at any time by the declarant, without regard to the declarant’s mental state or competency, by any of the following methods:
You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about the change or cancellation. |
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